| Material Information
||T & E Species Issue
||North America -- United States of America -- Florida
||T & E Species Issue, To: Robert Higgins From: David Fisk, November 7, 1995
||Box 9, Folder 14 ( SF-WMD REview Commission - 1995-1996 ), Item 8
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
11-07-1995 04:36PM FROM
November 7, 995 IM_ I-- P- 10:55 AM
Name: David W. Fisk Name: Mr. Robert W. HIgg5i
Company. Suwannee River WMD Company: Higgins Engineering, Inc.
Phone: (904)362-1001 Phone: (407) 439-7807
Fa: (904) 362-1056 Fax: (407) 439-0026
Total number of pages, including cover: 1
RE: Water Management District Review Commission T&E Species Issue
I just wanted to drop you a quick note in case L am not ablt to talk with you before the review
commission meeting. l'm In a Board meeting today and on the road tomorrow try to page me
at 1-800-373-4389 after noon tomorrow and ll try to get back with you.
There is a pretty good chance that the E&T species issue of deleting language in ss373.414(2)(b)
may resurface at the next Comnmisfon meeting later this week. No one would like to get this
fixed in Ch. 373 more than me but I suggest extreme caution.
The suggestion to simply delete as.373.414(2)(b) leaves us with an impossible mission just ead
s.373.414(2) as though (b) did not exist ss.373.414(2Xa) would then require the establishment of
size thresholds for isolated wedands "based on biological and hydrological evidence that shows
the fiah and wildlife values of such areas to be minimal". Without the current provision in
ss.(2)b) to treat isolated wetlands differently if E&T species are involved, .e. a different
threshold, am convinced we will not be able to count on and biological or hydrologcal
evidence in setting any threshold e., if B&T are not treated arately, fDol will argue that
any isolated wetland might supot E&T species and thmerfore values are mom than
minimal. As one who lived through the original rule adoption after Booe screwed-up the
statute in the first place I am convinced we will loce ground again TE RESULT IS LUIKLY
TO BE A ZERO THRESHOLD AND A LOSS OF T 0.5 ACRE THRESHOLD WE HAVE NOW.
At a minimum, this change would re-open rulemaking on this issue and I'm not sure anyone
really want that. I don't want you to think rm crying wolf but we need to be very careful
with this stuff and not create a requirement that backfires on everyone.
918132290340 P. oi
11-08-1995 11:38AmM FROM TO 918132280340 P.02
SUCTION 373..414 (2)
(2) The governing board or the department is authorized to
establish by rule specific permitting criteria in a!aAiticn tc th
er e- itr. i i&, thisn part which provides-+
-a)- One or more size thresholds of isolated wetlands below
which impacts on fish and wildlife and their habitats will not be
considered. These thresholds shall be based on biological and
that shows the fish and wildlife values of such areas to
(b) -Criteria for t"a pnStcction cf threatened and endangered
zpaezioo---in isolated wetlands regardieos of -inc and land usa.
0 HIGGINS ENGINEERING, INC.
TELECOMMUNICATION COVER PAGE
NAME OF FIRM:
NUMBER OF PAGES:
(INCLUDING COVER PAGE)
(407) 439 7807
(407) 439 0026
OS~n D Oy__________
- I I-
S11-08-1995 11:37FAM FROM-